Linda Lenzi and her attorney have commenced a class-action lawsuit against L.L. Bean in U.S. District Court for the Western District of New York.
The 123-page complaint accuses the company of (1) false advertising, (2) deceptive business acts or practices, and (3) breach of express and implied warranties.
The claims stem from Ms. Lenzi’s purchase of a pair of L.L. Bean’s “storm chaser” boots which were, at the time, advertised as “water-proof.”
The complaint describes the customer’s dismay when
After purchasing the Mislabeled Boots, Ms. Lenzi experienced water leakage into the interior of those boots after wearing them outside on an inclement weather day in or about April 2020, which is when Ms. Lenzi first learned that the ‘waterproof’ representations and warranties that induced her purchase were false and misleading.
After receiving threatening letters from Ms. Lenzi’s attorney, L.L. Bean revised its description of the boots, noting that they are “not designed to stay submerged in water.”
But, according to the lawsuit,
This after-the-fact disclaimer is too little, too late for Plaintiff [Lenzi] and other purchasers who purchased the Products trusting L.L. Bean to live up to its ‘waterproof’ promises and expecting its Products to meet the high standards associated with the L.L.Bean brand.
The complaint also claims that tens of thousands of L.L. Bean customers who purchased the leaky boots could add their names to the lawsuit as it moves forward.